The Light and the Dark Side of Judicial Resistance

J 2024

The Light and the Dark Side of Judicial Resistance

ŠIPULOVÁ, Katarína

Basic information

Original name

The Light and the Dark Side of Judicial Resistance

Authors

ŠIPULOVÁ, Katarína

Edition

Law & Policy, England, Wiley, 2024, 0265-8240

Other information

Language

English

Type of outcome

Článek v odborném periodiku

Field of Study

50501 Law

Country of publisher

United Kingdom of Great Britain and Northern Ireland

Confidentiality degree

není předmětem státního či obchodního tajemství

References:

Open access článku

Impact factor

Impact factor: 1.300 in 2022

Organization unit

Faculty of Law

DOI

http://dx.doi.org/10.1111/lapo.12247

UT WoS

001241315700001

Keywords in English

judicial resistance; courts; judges; agency; democracy; resilience

Abstract

V originále

How can courts resist political attacks? Despite the rich empirical studies of attacks on courts, we lack better understanding of how judges react to these challenges. Little or no attention has been paid to the theoretical aspects of judicial resistance; the structural, personal or socio-economical motives of judges, or the dynamics between the resistance, democratic resilience and the rule of law. This article draws a novel concept map and suggests that the future scholarship should focus on three dimensions of judicial resistance. The first captures the variety of techniques available to judges who wish to avert, punish or invalidate an attack, whether they act individually or collectively and on-bench or off-bench. The second dimension zooms in on the motives for resistance, including the ability of judges to recognize an attack and see it as critical. It outlines factors that potentially form the cost-benefit analysis behind judges' decisions to resist. Finally, the third dimension prompts to look into the effects of resistance (the dark and the light side), it analyses the conformity of judicial resistance with or against the principle of the rule of law and suggest its repercussions on how the public trusts and understands the courts (long-term perspective).

Links

101002660, interní kód MU

Name: Informal Judicial Institutions: Invisible Determinants of Democratic Decay (Acronym: INFINITY)

Investor: European Union, ERC (Excellent Science)

Files attached

Law_Policy_-_2024_-_Sipulova_-_The_light_and_the_dark_side_of_judicial_resistance.pdf

Find similar documents

Citovat

ŠIPULOVÁ, Katarína. The Light and the Dark Side of Judicial Resistance. Law & Policy. England: Wiley, 2024, p. 1-25. ISSN 0265-8240. Available from: https://dx.doi.org/10.1111/lapo.12247.

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   author = {Šipulová, Katarína},
   article_location = {England},
   doi = {http://dx.doi.org/10.1111/lapo.12247},
   keywords = {judicial resistance; courts; judges; agency; democracy; resilience},
   language = {eng},
   issn = {0265-8240},
   journal = {Law & Policy},
   title = {The Light and the Dark Side of Judicial Resistance},
   url = {https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12247},
   year = {2024}
}

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TI  - The Light and the Dark Side of Judicial Resistance
JF  - Law & Policy
SP  - 1-25
EP  - 1-25
PB  - Wiley
SN  - 02658240
KW  - judicial resistance
KW  - courts
KW  - judges
KW  - agency
KW  - democracy
KW  - resilience
UR  - https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12247
N2  - How can courts resist political attacks? Despite the rich empirical studies of attacks on courts, we lack better understanding of how judges react to these challenges. Little or no attention has been paid to the theoretical aspects of judicial resistance; the structural, personal or socio-economical motives of judges, or the dynamics between the resistance, democratic resilience and the rule of law. This article draws a novel concept map and suggests that the future scholarship should focus on three dimensions of judicial resistance. The first captures the variety of techniques available to judges who wish to avert, punish or invalidate an attack, whether they act individually or collectively and on-bench or off-bench. The second dimension zooms in on the motives for resistance, including the ability of judges to recognize an attack and see it as critical. It outlines factors that potentially form the cost-benefit analysis behind judges' decisions to resist. Finally, the third dimension prompts to look into the effects of resistance (the dark and the light side), it analyses the conformity of judicial resistance with or against the principle of the rule of law and suggest its repercussions on how the public trusts and understands the courts (long-term perspective).
ER  -

ŠIPULOVÁ, Katarína. The Light and the Dark Side of Judicial Resistance. \textit{Law \&{} Policy}. England: Wiley, 2024, p.~1-25. ISSN~0265-8240. Available from: https://dx.doi.org/10.1111/lapo.12247.

Detailed Information on Publication Record